Rahul Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56341 of 2023 Arising Out of PS. Case No.-466 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Rahul Kumar @ Rahul Son Of Late Arjun Rai Resident Of Village- Khass Semra, Ps- Turkaulia, Dist- East Champaran ... ... Petitioner/s

Versus

The State of BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 376, 420 of the Indian Penal Code.

As per allegation in the FIR, on the pretext of marriage, petitioner had established physical relationship with the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim/informant is 23 years old and a major. Statement of the victim girl was recorded in which she has stated that out of her own sweet will, she denied allegation of

Patna High Court CR. MISC. No.56341 of 2023(2) dt.05-09-2023 2/2 rape. She has not raised her finger against the petitioner for any overt act. After prevailing good sense, the matter has been compromised between the parties and petitioner has annexed the compromise petition as Annexure-2 to the petition. Petitioner is languishing in judicial custody since 13.6.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town PS Case No. 466 of 2020.

(Sunil Kumar Panwar, J) sushma/- U